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CSA & child benefit for 19 year old

  • divorcegirl
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09 Aug 10 #218319 by divorcegirl
Topic started by divorcegirl
Hi

My Partner's nearly 19 year old child is at college and has just completed a 2 year course. He has now decided he is going to do another 1 year course afterwards. The courses are only 12 hours a week and he works a number of hours in a part time job but does this mean that child benefit and therefore the CSA money will still have to be paid for another year?

we have been counting on being able to stop the payments this year

  • TBagpuss
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09 Aug 10 #218324 by TBagpuss
Reply from TBagpuss
No.

CSA applies to children to the age of 19 only, although of course it may be appropriate for your partner to continue to provide support for his son on a voluntary basis

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09 Aug 10 #218325 by divorcegirl
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that is what I understood too but the CSA have said if he continues in "full time" education the child support will have to be paid for another year but the person didn't really seem to know what he was talking about

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09 Aug 10 #218327 by TBagpuss
Reply from TBagpuss
Child Benefit can in some circumstances continue beyond 19 but CSA dosen't generally do so. I suspect that the person at the CSA may have made a mistake but I would suggest your partner consdier the following:

Your partner could contact the college to clarify whetther the course in question is classified as full or part time, as of course if it is part time than his son does not meet the 'fuull time education' criteria either.

He may wish to write to the CSA to ask them to confirm whether any payments will be required post 19. That way, he should get a written answer rather than just a verbal one.

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09 Aug 10 #218329 by divorcegirl
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thank you we'll try that although having a written response doesn't seem to matter to them. I asked them whether the company car allowance should be included in salary and got the reply that if the car was required for work then no and even if it was a perk of the job some of the money could be discounted but when my partner rang them they denied all knowledge of this and the same person eventually said this was the case but only for company directors.

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09 Aug 10 #218422 by Fiona
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I think there is some confusion about the age child support ends. Child Benefit is paid until a "child" is twenty if they are continuing a full time non advanced course. Legislation to bring the CSA in line with Child Benefit received the Royal Assent last year, but as far as I'm aware it hasn't yet been implemented. See s42 child maintenance and Other Payments Act 2008;

Meaning of “child”

For section 55 of the Child Support Act 1991 (c. 48) substitute—
“55 Meaning of “child”

(1) In this Act, “child” means (subject to subsection (2)) a person who—

(a) has not attained the age of 16, or

(b) has not attained the age of 20 and satisfies such conditions as may be prescribed.


www.opsi.gov.uk/acts/acts2008/ukpga_20080006_en_6#pt3-pb5-l1g42

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09 Aug 10 #218458 by divorcegirl
Reply from divorcegirl
but that link says 20?

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